Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On November 19, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Horizon Paper Co., Inc. v. Stellar Print., Inc., 2025 NY Slip Op. 34401(U), entering a default judgment against a corporation that failed to engage replacement counsel . . . Continue reading Corporation Defaulted for Failure to Engage Counsel
On November 26, 2025, the Second Department issued a decision in Kober v. Nestampower, 2025 NY Slip Op. 06609, holding that a person who acquired an ownership interest in a limited liability company did not also become a member or have standing to bring a derivative action . . . Continue reading Person Who Acquired Ownership LLC Interest did not Also Become Member or Have Standing to Bring Derivative Action
On November 21, 2025, the Fourth Department issued a decision in Armbruster Capital Mgt., Inc. v. Barrett, 2025 NY Slip Op. 06493, holding that a defamation claim can arise from a false implication based on true facts . . . Continue reading Defamation Claim Can Arise From False Implication Based on True Facts
On November 19, 2025, the Second Department issued a decision in American Premium Realty Group, LLC v. 37-19 Realty, Inc., 2025 NY Slip Op. 06301, affirming that imposition of a $20.5 million undertaking as a condition of vacating a notice of pendency . . . Continue reading Court Properly Ordered $20.5 Million Undertaking as Condition of Vacating Notice of Pendency
On November 20, 2025, the First Department issued a decision in Sherman v. Zampella, 2025 NY Slip Op. 06397, holding that a discovery sanction was inappropriate because of insufficient evidence of an intentional refusal to provide discovery . . . Continue reading Sanction Inappropriate Because of Insufficient Evidence of Intentional Refusal to Provide Discovery
On November 18, 2025, the First Department issued a decision in Lash v. TDR Capital LLP, 2025 NY Slip Op. 06282, dismissing an action on forum non conveniens grounds because of sparse New York connections . . . Continue reading Action Dismissed on Forum Non Conveniens Grounds Where New York Connection Sparse
On November 18, 2025, the First Department issued a decision in Sire Spirits, LLC v. Beam Suntory, Inc., 2025 NY Slip Op. 06297, holding that a plaintiff could not claim lost profits in connection with a fraud claim . . . Continue reading Plaintiff Cannot Claim Lost Profits in Fraud Claim
On November 3, 2025, Justice Masley of the New York County Commercial Division issued a decision in F21 IPCO, LLC v. Alameda DC, 2025 NY Slip Op. 34215(U), holding that the fact that a document contains a confidentiality provision is an insufficient basis for sealing it . . . Continue reading That Document Contains Confidentiality Provision is Insufficient Justification for Sealing
On October 24, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Z & M Assoc. Inc. v. North & Main Realty Co., 2025 NY Slip Op. 51764(U), denying renewal for failure to justify the failure to submit evidence in support of the original motion . . . Continue reading Renewal Denied For Failure to Justify Failure to Submit Evidence With Original Motion
On October 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Citi Private Advisory, LLC v. Barrett, 2025 NY Slip Op. 34158(U), denying a sealing motion for failure adequately to document the need for sealing . . . Continue reading Sealing Motion Denied for Failure Adequately to Document Need for Sealing
